Section 096-2-29 - Administrative Consent Agreements Pursuant to 38 M.R.S. §341-D(6)(G), the Board will consider for approval all administrative consent agreements negotiated by the Commissioner. If the Board finds acceptable the terms, conditions, and any stipulated corrective actions to resolve violations of the laws and rules administered by the Department and any environmental impacts resulting from the violations, the Board will approve the agreement. A vote of the Board to decline approval of an administrative consent agreement has the effect of requesting the Commissioner to conduct further negotiation or take other action. The development of administrative consent agreements, including notice and public participation requirements, is governed by 38 M.R.S. §§ 347-A and 349.
A.Procedure. Following notice in accordance with the Freedom of Access Act, 1 M.R.S. §406, of the Board's scheduling for consideration an administrative consent agreement for approval, the procedure for considering administrative consent agreement at a meeting of the Board is as follows. (1) Department staff makes a presentation discussing the violations, any restoration or mitigation efforts completed or sought, and any monetary penalty agreed to and corrective actions ordered by the proposed administrative consent agreement.(2) The violator may address the Board.(3) When, in the Chair's judgment, comments from members of the public are likely to assist the Board in understanding the facts surrounding the administrative consent agreement, the Chair may allow members of the public to address the Board.(4) The Board, the Board Executive Analyst, and counsel to the Board may ask questions of any person addressing the Board during the meeting.B.Decision. The Board will deliberate and vote to either approve the administrative consent agreement as presented or reject the administrative consent agreement for the reason(s) identified by Board members during deliberation. An evenly divided vote of the Board has the effect of rejecting the administrative consent agreement unless a majority of Board members subsequently vote at that meeting to approve the administrative consent agreement or table the matter until another meeting.06-096 C.M.R. ch. 2, § 29